HALIFAX -- A Nova Scotia Supreme Court judge has rejected the Crown's application to remove the defence lawyer for a man facing a new trial on second-degree murder.
Justice Denise Boudreau ruled today that Randy Riley can keep Trevor McGuigan as his lawyer.
The reasons motivating the judge's decision -- and the Crown's application -- are under a publication ban to protect Riley's right to a fair trial.
Last month, the Supreme Court of Canada ordered a new trial for Riley, who was convicted in 2018 of killing 27-year-old Donald Chad Smith on Oct. 23, 2010.
Smith was found with a gunshot wound to the upper right side of his body, with his red pizza delivery bag nearby.
Riley has been in jail since his arrest in July 2013.
During his provincial Supreme Court trial, the Crown called a witness who admitted to pulling the trigger and who said Riley wasn't involved, but the trial judge warned jurors against considering the evidence.
Riley appealed the 2018 verdict, arguing the judge's warning was inappropriate and damaged his defence's case, but a majority of the Court of Appeal panel upheld his conviction.
The Supreme Court of Canada ruled unanimously last month to uphold Riley's appeal and ordered a new trial.
This report by The Canadian Press was first published Dec. 17, 2020.
